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1830 S. Bascom Ave. (96-05) DOC U MEN T : A ',475543 Tit I es: 1 / Pages: 5 Recording Requested By and When Recorded Mail To: I n 11111111I I~ ~ _0014475543- Fees....* No Fees Taxes. . . Cop i es. . AMT PAID City of Campbell Community Development Department 70 North First Street Campbell, CA 95008-1423 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty RDE ** 00S 11/02/1998 11 :28 AM OFFER OF DEDICATION The undersigned, being the present title owner of record of the herein described parcel of land, does hereby make an irrevocable offer of dedication to the public use to the CITY OF CAMPBELL for the future boulevard treatment as required by the City's Siandard Streetscape Policy, of the real property situated in the City of Campbell, County of Santa Clara, State of California, described in Exhibit A (written description) and shown on Exhibit B (plat map) attached hereto. It is understood and agreed that the CITY OF CAMPBELL and its successors and assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon and therein, until such offer has been accepted by appropriate action by the City Council, Planning Commission, or such other appropriate agency of the City or its successors or assigns, provided that upon such acceptance the City (or its successors or assigns, as appropriate) shall assume full responsibility and liability for the offered parcel and any improvements thereon and therein, including, without limitation, liability for any person injured on the property as a result of a dangerous or defective condition on the property. In the event that the CITY OF CAMPBELL, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or his successors or assigns. The provisions hereof shall inure to the benefits of and be binding upon the heirs, successors, assigns. and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, the undersigned has executed this instrument this 2.3 day of' September, 1998. ~J~- [Notary Acknowledgement Attached] State of County of personally appeared o personally known to me -OR-~ proved to me on the basis of satisfactory evidence to be the persontsrWhose namels-Y IS/ef€-- subscribed to the within instrument and acknowledged to me that he/sho/they executed the same in his/her/their authorized capacity(ies), and that by. his/her/their signature{,i1 on the instrumentthe person(,s1', or the entity upon behalf of which the person{Kf acted, executed the instrument. j": ~."" ~ .~1 =-: iBCOMM.# 10596!D i ~ : -. . Notay P\bRc - CalfomIcJ .;: J~ ~.:. ~~~:l~J Witness my hand and official seal. (SEAL) ~~d-t1~&2Il/~ ' !SIGNATURE F OTARYI ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. Title or Type of Document 6@r 6f l>JiWi 'm Number of Pages I Date of Document .:l R ~ ;q C(;? THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer!s} Other Than Named Above WOLCOTTS FORM 63240 Rev. 3-94 (price ct.ss B-2AI ~'994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONITWO FINGERPRINTS RIGHT THUMBPRINT COptional) w ffi J: .. ::l; " J: .... ... o .. o .... CAPACITY CLAIMED BY SIGNER IS) DINDIVIDUALCS) OCORPORATE OFFICER(S) (TITLES) ---- OPARTNER!SI OllMITED DGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN/CONSERV A TOR OOTHER: SIGNER IS REPRESENTING: CName of Person(s) or Entity(iesl RIGHT THUMBPRINT COptionall w ffi J: ~ i!: ... o .. ~ CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) OCORPORATE OFFICERISI (TITLESI OPARTNERISI OllMITED OGENERAL OATTORNEY IN FACT OTRUSTEECSI OGUARDIAN/CONSERV A TOR OOTHER: SIGNER IS REPRESENTING: (Name of Person!s) or Entity(ie_1 7 11~~~~llll~lj~ll~ 8 EXHIBIT A That land situate in the City of Campbell, County of Santa Clara, State of California being a portion of Parcel A as said parcel is shown on that certain Map entitled Parcel Map which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 26, 1981 in Book 481 of Maps at page 42, described as follows: Beginning at the northwest corner of said parcel being in the east line of Bascom Avenue; thence along the north line of said parcel S 890 42' 27" E 7.00 feet; thence leaving last said line S 00 41' 58" W 199.56 feet parallel to said Avenue; thence along a tangent curve to the left having a radius of 20.00 feet, through a central angle of 900 24' 25" an arc length of 31.56 feet to the north line of Ridgeley Drive as said drive is shown on said map; thence along last said line and along said east line of Bascom Ave. N 89042' 27" W 7.00 feet to a tangent curve to the right having a radius of 20.00 feet; thence along last said curve, through a central angle of 900 24' 25", an arc length of 31.56 feet and N 00 41' 58" E 199.56 feet to the point of beginning. Containing 1538 S. F. more or less. END OF DESCRIPTION ~ , " , .5' 89041, '~7" & 7. () 0 _/ PPJ/CAT/tPlI . . . .. ~ ~ ~ :s ~ ~ (J ~ ~ ~ ~ ~ " ~ ~ 0-.. "'" -N- /,1/l~6L. II/(" t 1#/h/42) ~()JIJt/(; KC:lYN~nI f/;~ACII;;N #~~ /!~1)"/960 .r: B/frM(}I1/,t;~ "f::: UJ' ' .... If: to; 4" 900 2/I-'tI'; t.~:Jlf' I 11 ff 1f;J'Z/l-I/,{ /I ..,"- -------- t~J;,f" ". )/8f~/fZ'Z7"W 1,001 ~ tR / pee ~ E Y /?I?, cXII/t9/T P 5 M I T H, RAN 0 LET T, F 0 U L K & 5 T 0 c. K, I N C. C I V I LEN GIN E E R S & LAN 0 SUR V E Y 0 R S RED WOOD C I T Y, C A L I FOR N I A PcPICA 17tJlI tf?;: ,POIi'17tJly' I'/l;fC~L ytll t -1-8/ ,#/I,PJ' {L~) 8uJrV. P!.~T 6fT 981Jf7-/1 , _...,:~..,=,~'.r;:::-,-,. fIJ- - !iiJ ACCEPTFD ON THIS di day of a . ~<.. /991 / for and IJP behalf of the City of Campbell, a Mrmic:pal Corporation, of the State of California, pursuant to Resolution No. 749, recorded in Book 4509 - P ;tf)80 Santa Clara County Records. / If " ;" A e 8ybe~, Ci y Clerk City of Campbell, California Sep-14-9B 12:41P J. R. Capron Law Offices P.02 L..AW OI="F"ICS:S o~ JOH~ R. GAPRON SUI,E 400 T~:"EPHCNE 1415) 693-9901 21.04 c:;r:rANT AVE_"'IuE FACSIMll...E ':4tSj 693-0402 SAN F:e.A~CISCOI CALlF'ORNL\. 9410B September 14, 1998 VIA FAX - (408) 866-8381 Ms. Gloria Sciara Planner 11 City of Campbell C ommW1ity Development Department Current Planning 70 North First Street CampbelL CA 95008 Re: 1830 S. Bascom Avenue - Rasputin Music Dear Ms Sciara: I write this letter in response to the City's further request that Mr. Sarachan comply with C andition 21 by making an offer of dedication to the City of a seven- foot strip along Bascom A venue for the future boulevard treatment as required by the City's Standard Streetscape Policy. As stated in my letter of August 8, 1997 to William Seligmann, Mr. Sarachan's refusal to comply with Condition 21 is based on sound, constitutional principles. I remind you that under Dolan v. (it" of Tigard, 114 S. Ct. 2309 (1994), the United States Supreme Court held that a similar dedication requirement violated the Takings Clause of the Fifth Amendment of the United States Constitution. Despite Mr. Sarachan's reluctance to comply with a provision that is clearly illegal, he will agree to settle this matter ifhe can do so without feeling unduly compromised. ill furtherance of this goal, I submit on behalf of Mr. Sarachan the enclosed draft Offer of Dedication, which remains subject to his approval. As we discussed, the draft makes it clear that while the City will have no responsibility for the offered parcel prior to acceptance, it will assume full liability for the property once it accepts the offered parcel. So that there is no misunderstanding, please note that the enclosed draft complies fully with the requirements of Condition 21. Please contact me with your questions and comments. Enclosures cc: Mr. Kenneth Sarachan (via fax, w. enc.) Wi11iam Seligrnann. City Attorney (via fax, w. enc.) o~'C.44t ;..~.. .o~t\" ... r" U r'" o 0 .. .. "So ... ~.O c;' .tCH"...'O MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Bill Seligmann, City Attorney DATE: August 10, 1998 ,... FROM: Michelle Quinney, City Engineer \.LU SUBJECT: 1830 S. Bascom Avenue - Rasputin Records On September 2, 1997, Encroachment Permit 96-216 was issued to The Dieden Company for installation of street improvements at 1830 S. Bascom Avenue, Rasputin Records. The improvements were completed and the fmal inspection was performed. The permit is now in the maintenance period (until November 1998); however, there is approximately $21,300 in refundable fees that are eligible for release to Rasputin Records. On January 21, 1998, I sent you a memo with copies of correspondence to Ken Sarachan of Rasputin Records regarding his failure to dedicate right-of-way as required in the Conditions of Approval. As of this date, Mr. Sarachan has not followed through to dedicate the right-of-way. By this memo, I am asking you whether or not the City should refund any of the fees on deposit in light of the fact that the dedication has not occurred. H: \Ianddev\ 1830sbas(mp) o~'CJ\4t ~~.. .o~tt'> .... t"" U l"'" o 0 .. .. <So ... ~. ,;.. t)<I'C:HA~'" MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT FROM: Bill Seligmann City Attorney Michelle Quinney ~6L- City Engineer DATE: January 21, 1998 TO: SUBJECT: Rasputin Records - 1830 S. Bascom Avenue Attached are copies of correspondence sent to several addresses in our effort to contact Ken Sarachan of Rasputin Records. We have not had any success in getting the applicant to respond to our letters or to dedicate property as required by the Conditions of Approval. We are now turning the matter over to you. 11. Cc: Planning Dept. File: 1830 S. Bascom h: \landdev\rasputin(mp) Of. C.4'4 /....!...~. /)~~ ... l'"" U r-' . . ~ .>. $", ," .okCH,\,\\Q (. CITY OF CAMPBELL City Attorney's Office August 14, 1997 PLEASE RESPOND TO, John Capron Law Offices of John Capron 214 Grant Avenue, Suite 400 San Francisco, CA 94108 RECEIVED lUG 19 WI 3'/, N. Santa Cruz Ave. Suite A Los Gatos, CA 95030 TEL 408.399.7766 FAX 408.399.7767 ;"" _L..i &.J l. V"' l.,:J t-{ ~<..:' >\DMINISTRATION Re:RasputinRecords \~O~~S~\-\ Dear Mr. Capron: While I do not agree with many of the points raised in your letter of August 8, 1997, I have discussed this matter with the City Engineer Michelle Quinney, and she has agreed to issue an encroachment permit for your client's public improvements prior to deduction of the required right-of-way. However, the City does not feel it can waive the dedication requirement. Contrary to your contention that Mr. Sarachan was unaware of the implications of the dedication condition, I understand that it was discussed with him or his representatives prior to approval. Consequently, if Mr. Sarachan had a problem with the condition he should have raised it at the hearing on his application. As things stand, Mr. Sarachan not only failed to object at the hearing, but (1) failed to appeal the condition to the City Council, (2) failed to timely file a writ, and (3) exercised his permit. Consequently, I am afraid that it is far too late in the game to raise objections to the dedication. I also find it somewhat difficult to accept that Mr. Sarachan felt under duress when the City bent over backwards to allow him to occupy his store prior to satisfying conditions that were prerequisites to occupancy. The City would still hope that Mr. Sarachan honors his commitments. Unfortunately, however, I understand that the Community Development Department has already lost faith in your client, and intends to proceed with a permit revocation hearing unless the conditions of approval are not satisfied immediately. I regret that the situation has reached this point, but I cannot say that it is unwarranted. 70 No,!h.First Street. Campbell, California 95008.1423 . TEL 408.866.2129 . FAX 408.374.6889 . TDD 408.866.2790 As always, if you have any questions about this matter, please do not hesitate to let me know. Sincerely, //). . . ~'/~/ /['/ /<.~ .;, .<, ,. - ,~~- William R. Seligmann City Attorney of Campbell cc: Bernie Strojny Steve Piasecki Bob Kass Michelle Quinney Gloria Scara DEMPSTER, SELIGMANN & RAINERI ATTORNEYS AT LAW Aug-OB-97 12:20P P.02 lAW "r:"'h~F~ OF" ,TOHN H. CAPHON :o?I..IITF ~oo 1 t':I.t:.':':'llf)f'oJF' 1"1!=;1 f;~::-'-QQ(,,)' ill~ GRANT .A.VeNue f 4('';~'MI'-c.: {41~1 rJ9::J-0.4UG: SAN J.1"14A~CI;:s.CO, l;AL.11"1)HlItJ.lA ~'4100 August 8. 1997 VIA FAX ANn MAIL William R. Seligmann, Esq. Dempster, SeligmmUl & Raineri La Canada Building 3 1/2 North Santa Cruz A \Ie. Los Gatos, CA 95030 Re: 1830 S. Bascom Ave., Campbell Dear Bill: Mr. Sarachan informs me that he is diligently implementing the landscaping plan that the City ofCampbcll finally approved after all inexplicably long four-month review period, and that he plans to complete thc landscaping in the first week of Augu...t. Related to the landscaping work is approximately fifteen feet of curb repair, which Mr. Sarachan assures me can be quickly accomplished as SOOI1 as he receives all additional permit allowing access to City streets. However, the City is apparently taking the position that no further permit will bc issued until Mr. Sarachan complies with Condition No. 21 of his Use Penl1it, which calls for thtl uedication ofa seven toot strip of Mr. Saraehan's property. for your information. Mr. Sarachan was unaware of the significance of Condition No. 21 when hi!i Use Pemlit was issued in J\utC, 1996, as the issue had not been raised or dis~ussed prior to or during his hearing before the Planning Commission. He did not know that dedication meant he would have to relinquish o~rship of a portion of his property. As notcd in my letter to YOll of February 12, 1997, when Mr. Sarachan consented to the conditions of approval lor temporary occupancy last December, he did so under ~onsiderdble duress. He felt that the proverbial glut had heen put to his head and that his four million dollar investment in the property would be at risk if he did not consent to the City's demands. At Mr. Sarachan's request. I have reviewed thc Use Permit, Conditions of Approval and hodings adopted by the Planning Commission on June 25. 1996, and have fOWld no findings sllpporting the requirement imposed by Condition No. 21 -- that Mr. Sarachan deed a substantial portion of his property to the: City without just compensation. I have advised Mr. Sarachan that Aug-OB-97 12:20P P.03 William R. Scligmann, Esq. August 7, 1997 Page 2 Condition No. 21 is clearly unconstitutional in light of the United States Supr~me Courl's recent decision in Dolan v. City ofTigard, 114 S. Ct. 2309 (1994).1 Mr. Sarachan has received similar advice from attorneys in his immediate family. lIe ha!; been bluntly informed that any Sarachan who complies with such an onCnlUS and unconstitutional requirement would be all emharrassment 10 the l~lOlily. This having been said, Mr. Sarachan is not ruling out dedication per se. He is unly opposed to the manner in which the requirement ha!; heen imposed. He enjoys doing business in the City of Campbell and feels he is developing a good relationship wilh the various city ofticials and employees with whom he has regular cont.1Ct. What irks him is the onerousness or some of the "official" positions taken by the City -- in this case, the position that the City will attempt to The facts of Dolan are almost identical to the instant case. The petitioner, Florence Dolan, owned a plumbing and electric supply store located nn Main Street in the Central Busin~ss District of the City ofTigard, a suburb of Portland, Oregon. Mrs. Dolan applied to the city for a permit to increase the size of her store and to pave her parking lot. The City Planning Commission granted Mrs. Dolan' s pennit application subject to a number of cOlldilion~. including the Tllquircment that she dedicate a portilm of her property lying within a lOO-year floodplain for improvement of a sleml drainage system and that she dedicate an addilionallifleen-foot strip of land adjacent to the floodplain as a pedcstrianlbicycle pathway. Unlike the Campbell Plamllng Commission in the instant case, the Tigard Planning Commission made a serie!; of findings concerning the relationship between its conditions requiring dedication and the projected impacts ofMr!;. Dolan's project. However, the Supreme Court held that the findings upon which the City of Tigard relied did not show the "required reasonahle relationship" hetween its dedication requirements and Mrs. 1)olan's proposed expansion of her store. 114 S. Ct. at 2321. Among other things. the high court noted that "[tJhc city has never said why a public greenway, as opposed to a private one, was required in the intcTll!tt of !loud control." 114 S. Ct. at 2320. The Court held that the dedication requiremcnts were in violation of the Takings ClalL'~e nfthe Fifth Amendment of the United States Constitution. 114 S. Ct. at 2316, 2322. As noted above, the Campbell Planning COIlUllission made no findings in support of its requirement that MI'. Sarachan dedicate a seven-foot strip of his laud. contrary to the requirement thal it not only makc findings but "quantify its finding..." as well. 114 S. Ct. <ll2322. Even ifapprupri.tte lindings were made, it would he difficult to see how, in light ofthe "heightened takings clause standard" fomlUJated by the Supreme Court in Dolan, it could justify appropriating Mr. Sarachan's property without just compensation. See Erli~h v. CiJ,y of CuI vcr City, 12 Cal. 4t11 854. at 859 (1996). The dedication clause is thu.o; W1constitulional and unenlorceable. Aug-OB-97 12:21P P_04 William R. Seligmann. Esq. August 7, 1997 Pag~ 3 revuke Mr. Sarachan's Use Permit unless the dedication requircment is satistied now. Mr. Sarachan would consider dedicating the strip on a voluntary basis. but not as part of a confiscation backed by threats of arrest and of closing down his retail business. Mr. Sarachan leels the forced confiscation is immoral and wI-American. In response to Michelle Quinney's Ictter to Mr. Sarachan dated July 29. a copy of which I have enclosed. it is preposterous to consider using Mr. Sarachan's $20.000 deposit to complete the impruvements which Mr. Samchan has agreed to complcte immediately at his own -expense ifthe City will only let him do su. M01'eover. I understand that Mr. Sarachan has already paid llIe Diedctl Company seventy-five percent of the cost of the work. Any use of his deposit under these circumstances would. J think. be a misappropriation of funds and an abuse or state power. r ~an only hope that Ms. Quinney's threat will nol be taken seriously. Mr. Sarachan proposes that he be permitted to satisfy the conditions other th.1n the dedication requirement as soon as possible. He trusts that this will encourage the tostering or a good relationship with City ofllcials that should be benetical to all parties concerned. Once the project is back on track, Mr. Sara~han will agree to negotiate thc dedicatiun issue ill goud faith if the City agrees to do the same. Ple.1se give me a call to discuss the City's position on this maUer. cc: Mr. Ken Sarachan Steve Piasecki Michelle Quinney Enclosures o \'. c.4.4( . A ... ~ f... ~ ... t"" U t"" "" ... 1- <. ~ ,,' O~CHA\t{) Certif ied Mail July 29, 1997 CITY OF CAMPBELL Public Works Department Ken Sarachan Rasputin Music 2401 Telegraph Avenue Berkeley, CA 94704 Re: 1800-1840 South Bascom Avenue Rasputin Records EP 96-216/UP 96-05 Dear Mr. Sarachan: Construction of on-site improvements at 1830 S. Bascom Avenue without removal of the existing driveway approach has created an undesirable condition that must be corrected immediately. The Dieden Company has applied for an encroachment permit to complete the required improvements at this location, and a $20,000 cash security guaranteeing that this work would be completed was posted. In addition, you personally promised this work would be completed shortly after the holidays in December of 1996. Completion of these improvements was a condition of approval of your Use Permit (UP 96-05). Please consider this as a demand for completion of the required improvements. Please submit all remaining items needed for issuance of the encroachment permit within 10 days. All improvements required in the public right-of-way must be completed by September 1, 1997 or the City will contract to complete these improvements using the $20,000 cash deposit. In addition, the existing barricades closing off this driveway must be continually maintained or the City will contract for this service and retain the cost of providing this maintenance from the $800 emergency cash deposit. Please contact Harold Housley at (408)866-2158 immediately to complete the encroachment permit process so that the required improvements may be installed. Sincerely, " . 11Ll-L{~l{L 4! U{/)V1~ Michelle Quinney City Engineer cc: The Dieden Company, 22938 Atherton St., Hayward 94541 Bill Seligmann, City Attorney Harold Housley, Land Development Engineer h: \permits\96216bar(mp) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 o~'C.4'4 t~' A~~ U r" . . "" '- ~ ., .. , . rJRCH AR" C /~/:' -:-..J/ r (,' #.-' C..oj'" / ,........ ' , ,". . .{__ .. J.. .f":#/J CITY OF CAMPBELL Ce,,,t;D at. w: -Jut Q 8 f!Sf City Attorney's Office .,..' -..\.....,...- pu.......... <, A.1\ON A.OM\\'l\5TR July 3, 1997 John Capron 214 Grant Avenue, Suite 400 San Francisco, CA 94108 PLEASE RESPOND TO: \. ce.~ eJC;:) -- , <<e::A-c'" Re: Rasputin Records 3'1, N. Santa Cruz Ave. Suite A Los Gatos, CA 95030 ""7~, \=>J-f~C-e:}~ TEL 408.399.7766 FAX 408.399.7767 Dear John: I have spoken with Community Development Director Steve Piasecki regarding the conditions on your client's use permit. Mr. Piasecki advised me that he has told your client that he cannot make any commitment to him regarding the possibility of a left turn lane into his store, nor could a determination be made regarding the feasibility of such a left turn lane for several months. Mr. Piasecki has been emphatic that satisfaction of the conditions of approval of your client's use permit cannot wait for a speculative future possibility of a left turn lane. If Mr. Sarachan wants to preserve the possibility of a left turn lane, he can improve the property frontage to the City's Streetscape Standards. Ifhe does not want to preserve this option, he can merely satisfy the conditions of his use permit. In either event, he must act now. As you will recall, your client was allowed to occupy the premises in advance of completing the conditions of approval, which would otherwise have been due prior to occupancy. If he does not satisfy these conditions, the City will proceed with a revocation hearing on the use permit. As always, if you have any questions about this matter, please let me know. At this time though, I thought it best to set forth my understanding in writing to avoid any confusion. Sincerely, ~4'~ William R. Seligmann cc: Steve Piasecki Gloria Sciara Frank Cauthorn Harold Housley Mark Nadvornik, Central Fire 70 North First Street Campbell, California 95008.1423 . TEL 408.866.2129 . FAX 408.374.6889 . TDt) 408.866.2790 ,- .... 1-" 'O~CHA\\{) //Y'?J /~ ff f Of' c.4<it ~. ..04' ;.. '(t> ..... t'" U 1'"' CITY OF CAMPBELL Community Development Department May 29, 1997 Mr. Ken Sarachan 2401 Telegraph Avenue Berkeley, Ca. 94704 Re: 1830 S. Bascom Avenue Dear Mr. Sarachan, This is a follow-up letter to the one sent on May 1, 1997, along with the numerous phone calls in the past month that have not been returned. As a reminder, you must comply with the conditions of approval associated with the use permit approved by the Planning Commission in order to receive your certificate of occupancy. The conditions, as you may recall from a previous letter sent to you, include modifications to the streetscape, deed restrictions, dedications, fire codes, architectural details, landscaping, sound walls, and lighting. Temporary occupancy was granted on the basis that the conditions would be completed in a timely manner. Since no further effort to comply has been made, please fmd enclosed a Notice to Appear before the City Attorney. Additionally, the City of Campbell has received complaints from neighboring residents regarding the lack of maintenance and unmet site conditions. These residents are rightly concerned about the lack of concern for the community and their neighborhood. All of these issues are important to the City and must be taken care of immediately to avoid further action. Please contact us now in order to resolve these issues. You can reach me at (408) 866-2143. Thank you. p~,~~ ~l::-a Sciara Project Planner cc: John R. Capron, Esq. 214 Grant Ave. Suite 400 San Francisco, Ca. 94108 Mark Thieme 2802 Tenth Street Berkeley, Ca. 94710 William Seligmann City Attorney, Campbell Harold Housley Land Development Engineer 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 Of' Cot A_ ~~.~.. '''A~~ ... l'" U . r' . .. ..I~ ,," ~. ,,' O-'CH i\\l'O' CITY OF CAMPBELL Public Works Department February 28, 1997 Ken Sarachan, Rasputin Music 2401 T elegraph Avenue Berkeley, CA 94704 Subject: 1800 - 1840 South Bascom Avenue UP 96-05, Encroachment Permit and Offer of Dedication Dear Mr. Sarachan: The Public Works Department has reviewed the plans for offsite improvements and the plans are ready for approval by the City and for the issuance of the encroachment permit. We will not issue the permit until you submit the offer of dedication which you are required to submit. Please call me at your convenience if you have any questions or comments. Very truly yours, (h<:~A~, Cruz S. ~V v y7 Assistant Engineer cc: Harold Housley, Land Development Section Stevan H. Nakashima, 4800 EI Camino Real, Los Altos, CA 94022 Michelle Quinney, City Engineer Gloria Sciara, Planning Division H:\ WORD\LANDDEV\RASPL TR(JD) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TDD 408.866.2790 NEW PW FAX # 408.376.0958 12/20/?6 16: 12 z: 415 366 9596 FOULK STOCK INC. P.01 , , , '~MITH, RANDLETT, CIVIL ENGINEERS Phone II Ptlonell J ~ , .. Fw< II ) '0(' D9(b F.. II , eL-.'1J ..08 fft, FAX 4fS 3669596 P.O. BOX 970 633 VfTERANS 8t. VD., SUITE B REOWOOD CITY, CA ~064.0070 Ken Sarachan, Rasputen Music 2401 Telegraph Rd. Berkeley, CA 94704 Re: Preparation of Legal Description & Plat for 7' Strip Dear Mr. Sarachan: Mr. Steve Nakashima suggested I call Harold Housley and you about this work. If I am provided with the necessary documentation such that I don't have to leave my office to obtain any maps or plans I estimate the cost to prepare the Exhibit (legal description & plat) at $400 to $500. The things 1 will probably need which you can obtain for me through Mr. Nakashima and/or Mr. Housley are: 1. Grant deed and/or preliminary title roport. 2. Plan showing extend and location of proposed dedication. 3. The following maps: Parcel Map filed in BK 481 at Pg 42. Map filed in BK 402 at Pg. 7 and the Record Of Survey filed in Bk. 64 at Pg. 44. (These were mentioned by Mr. Housley) Mr. Housley would also like from you some type of proof that you own the property you are dedicating. If agreeable to the above please authorize the work by your signature below and return. ~IY' r:# . G90t~ock Ken Sarachan I Owner _.. --" ~------- SENT BY: ERLA ; ?- 7-97 9:23AM EHRLICH. ROMINGER.... 408 3760958;# 1/ 2 CONSULTING CIVIL ENGINEER 4100 a. CAJIIl'O BL\L LOS ALTO&.. C.A.94eJJ (41f)M'-lt05XU7 FAX (415)941- DU9 . . \ fAX TRANSMIIT~1 Date: ~- '7' '7 Fax NumbeL.c.~(.I~).37~ -()9~ STEV AN H. NAKASHIMA To: e1" / a,/,.~/~~I/ Atteation: C/lIveK cr;777~~ Reference: M~PUh~ \~~~- ~) ~. ~""'3eoH Project Number: 9~'J7 Description: <./11./ OR /V ez.v /J'/ (..-V "PEA/ ,1/1/ (;. ToQilllumber of pages (iDcludiDg tbillheetl: 3-- /' Pleale Call Copy via Mail Please Verify Receipt "Please Fa:l. Reply RelDarkl: U yoll do Dot receive :tII this trR..miPion, or if it is Wecible, plellse contact: SteVOD N.kasbima c:c:: By: ~4~L- SENT BY: ERLA 2- 7-97 ; 9:23AM; EHRLICH. ROMING~~ r L..... . '.;.. ..:. ." . _" ':: -,..t~r . UJ '.. ~ o' 0: ....J U --J Z W 0 en u ~ Q. ___ ~-_. _. ..alI._..-_.... __ ':J ::> -ct. :=> ....J ....J W II) U ol( Cl. (E) FACE OF CURB .~.. . . .- -. .- ..... ~ 1'\. m r, ::l ,.'" Iii . , ;;.. ffi \. I, I - ,~. ) ~ ./ 3: ~ t". (E) LIP OF GUTIER .... ., . ,. I J: " . - ". .~ --~ . y , . '. . " . . ,.,. .,,, . --1, KEY NOTES " , " . . .)'~ ' CD SAWcuT AND REMOVE EXISTING CONCRErE DRIVEWAY AND PROVlOE NEW' '.. : " .,.. ~ ;,. . ClJr~B. CUTTER. AND SIDEWALK PER CITY OF CAMPBELL ST~OARD .:.. ;.l .y'. / $' ~'. DETAIL 1 AND" A.C. PAVEMENT REMOVAL" RESTORATION AT NEW '.' ,f".~ ..... ,.,1 ~ PCC I~PROVOAENTS'" DETAIL SHOWN ON THIS SHEET. PROVIDE 5 ~ i' \ EQUAL TRANSVERSE SCORE JOINTS AND NEW LONGtTUOINAl. SCORE JOIN~ TO t<AATCH EX1STING. r ,t. . , ,. :3) RE~uVf. EXISTING TREE. PLANT L.ONDON PLANE TREE. INSTALL IRRIGA.TlON IN EXiSTING TREE W[~L >> SAWCUr AND R[MO'lE EXISTING SIDEWAlK TO NEAREST SCOREMARK . . O~ JOINT ( SIZES VARY, ""PPROX. 4'X5' ). PLANT LONDON PLANE TREE, IN~TALL .RRIGArION SY~';TEM IN NEW TREE WELL. :v RCMOVF EXISTING r~EE. B.t\CKFll.i. EXCAVATION. INSTALL STANDARD - ~IWALK. . ~ . ;~c. (,11' ~NO J'?E:-,vC e x/Jr-,v6= S"Ot!'iM"l..( Ai'll) ,~~/V~wiJt TO ..7 ~~t"U5!!-"..tI~n..~~ ~W'iJ" Fi. ~1lE. s.c".tinVj#I("i\' -'N/:}/'2.E.MJII6. /4I(1~~06 N'Ew Ol'bvWi j J p~-~ ~/rJl ~~ CA"'~i!J~'lt.- STI'4Il1/:J~. .J.N!J ~ I tJ t. ." .1''-1( - ~U.J..J\:) ~ ~ ~\...7't'T'et::::L ' Of' c.4-it {&~~ ~~~ 1- '" ~ ,,' . OR C H A '\l. '0 December 12, 1996 CITY OF CAMPBELL Public Works Department Mr. Stevan H. Nakashima Consulting Civil Engineer 4800 EI Camino Real Los Altos, CA 94022 SUBJECT: 1800-1840 South Bascom Avenue, UP 96-05, EP 96-216 Dear Mr. Nakashima: This letter is in response to your letter dated November 27, 1996, which we received December 2, 1996, and confirm our conversation today. It is true that the tree planting will require careful hand excavation work, however, that is not any different than at any other location where there are existing underground utility facilities, which is practically everywhere in all public streets and easements. Furthermore, the City is mandated to excavate in such a manner by State law. The issue of future root growth has been considered. Tree planting includes deep watering tubes and deep root barriers. We do not anticipate any future root problems. There are already two well established street trees at the site without a problem and we also have probably thousands of trees throughout the City at similar locations without incidence of known conduits damage by roots. Therefore, please proceed and include the street trees and irrigation system on the improvement plans. Also, submit the draft copies of the legal description and plat for the dedication. As previously informed, the Public Works Department will not clear the building for occupancy until the work is complete. Please call me at your convenience at (408) 866-2163 if you have any questions or comments. ~~m~ Assistant Engineer cc: Frank Cauthorn, Building Official Michelle Quinney, City Engineer Robert McGillis Ken Sarachan H: \ 1800BAS2.L TR(WP)(JD) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . f~K..:lQ8.379.2572 . TOO 408.866.2790 Nt;W PW FAX # 408-376-0958 STEV AN H. NAKASHIMA CONSULTING CIVIL ENGINEER 4800 EL CAMINO REAL LOS ALTOS CA 94022 PHONE: ( 415) 949-1005X237 FAX:( 415) 941-2209 November 27, 1996 City of Campbell 70 North First Street Campbell, CA. 95008 Attention: Chuck Gomez Re : Rasputin Music Improvement Plans for 1800 - 1840 So. Bascom Avenue UP 96-05, EP 96-216 SHN No. 9637 Dear Mr. Gomez: This is in response to your November 19, 1996 plan check comments for the above ofI- site improvement plans. Weare able to address several of your comments and have incorporated them onto the plans. However, as stated in my October 25, 1996 letter to you, I cannot recommend any new street trees along the front portion of existing sidewalk due to the existance of a traffic signal conduit and electrical conduit approximately 24" back from face of curb. The installation of such trees would require hand excavation and careful monitoring which would result in a very costly installation. In addition, the future root growth could eventually cause problems to the conduits and I can not accept responsibility for such occurrence. At this time I do not ,.vish to resubmit the improvement plans until tbe above issue is resolved. Should you have any questions please call me. Truly, , / U~ S evan Nakashima SN/FN cc: Harold Housely Ken Sarachan Robert McGillis MTA 1 Of' Ct"t f....:..~... ..o~~ U ~ . . . "" .. 1- "- ~ ,,' t')oi'CHA\lQ CITY OF CAMPBELL Public Works Department November 19, 1996 Mr. Stevan H. Nakashima Consulting Civil Engineer 4800 EI Camino Real Los Altos CA 94022 SUBJECT: 1800-1840 South Bascom Avenue, UP 96-05, EP 96-216 Dear Mr. Nakashima: Weare enclosing a set of redlined set of plans with comments for the offsite improvements for your review and comment. Please note that one of the conditions of approval require that the applicant shall offer to dedicate a 7 feet wide strip of property along the Bascom A venue frontage of the property. That needs to be prepared by a civil engineer or land surveyor. I will be on vacation until December 1, 1996. Please contact Harold Housley at (408) 866-2158 if you have any question or COmments. Very truly yours, ~h Assistant Engineer Enclosure cc: Harold Housley Robert McGillis Ken Sarachan H: \1800BASC.L TR(WP)(JD) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TDD 408.866.2790 NEW PW FAX # 408.376.0958 STEV AN H. NAKASHIMA CONSULTING CNIL ENGINEER 4800 EL CAMINO REAL LOS ALTOS CA 94022 PHONE: ( 415) 949-1005X237 FAX:( 415) 941-2209 October 25, 1996 ""'..- ~ '8' .~ ~. . [",,,,-,,/' City of Campbell 70 North First Street Campbell, CA. 95008 ("11' , J.... jO(H-; A~';u~~nj..) * ::-.......-.. ,_;... Attention: Chuck Gomez Re : Rasputin Music Improvement Plans for 1800 - 1840 So. Bascom Avenue SHN No. 9637 Dear Mr. Gomez: We have completed the Improvement Plans for the above captioned project. We are able to address the new ''Residential Parking Only" sign, the curb and sidewalk modification at the existing storm drain outlet through curb on Ridgely Avenue, the 8 new parallel parking stalls on So Bascom Avenue and the removal of existing driveway and replacement with new concrete curb, gutter, and sidewalk. However, after surveying the site and documenting the utility information provided by U.S.A. and the City of Campbell, we are not able to recommend any new street trees along the front portion of existing sidewalk due to the existence of a conduit approximately 24" back from face of curb. This conduit was indicated as a signal interconnect by U. S.A. but you indicated that it was a street light conduit so I have shown it per your information. The rear of the sidewalk contains a PG&E electrical conduit. Enclosed are 3 wet signed copies of the improvement plans for your review. Should you have any questions please call me. S evan Nakashima SN/FN cc: Ken Sarachan w/enc1. Robert McGillis MTA w/encl. Of'C"'-if I..~.' ~~~ ... r" U r"" o 0 .... ... <$. .... 4>, ,,' Q"'CH""O' MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Frank Cauthorn Building Official DATE: August 15, 1996 FROM: Cruz S. Gomez Assistant Enginee~ SUBJECT: 1830 S. Bascom - Rasputin Records - UP 96-05 Permit 96-216 Public Works has no objection to your issuance of a building permit for on-site work. The applicant must follow through with the encroachment permit application and permit for off-site work. Occupancy will not be allowed until all off-site work is completed and accepted by the Public Works Department. cc: File: Encroachment Permit 96-216 h:\96216ras(mp) 07 AUG 96 y Chuck Gomez City of Campbell - Public Works Department 70 North First Street Campbell, CA 95008-1423 fiEe illiG ,. I " ~O 91& . . '.. . 8J::JB 4DMIN ~ ' (')1R.IJ.., I'Qr., Re: RASPUTIN MUSIC 1830 BASCOM AVE Permit #: 96-711 Dear Chuck, As we discussed this morning, the Building Permit Application for the modifications and improvements to 1830 Bascom is awaiting review and approval from your department. While the construction documents have been reviewed and approved by other City departments, it is my understanding that you will be needing engineered civil documents and specifications further delineating the work at the new tree wells and driveway infill at the public sidewalk. Because demolition to parts of the existing structure has already taken place and the continuance of construction awaits the building permit, it is in everyone's best interest to expedite the improvements by separating the Off-Site Building Permit from the General Building Permit. In the meantime, the owner has secured the appropriate consultants and the Civil Engineering and Landscape information that you have requested will be forthcoming and it is hoped that they can be filed under separate permits. Please consider this request for a separate off-site work permit and call me should you have any questions and/or comments. Thank you for your assistance with this matter. Sincerely, ~V\tt~ Robert McGillis - Architect (942S'flBWK..LTR) MAR K THIEME ARCHITECT - Architecture Planning Design 2802 Tenth Street Berkeley .Ca. 94 710 5 I 0.843.4686 Fax 510.843.8347 . """I '-";~-'.'-"~'-'''-' 07 AUG 96 Chuck Gomez City of Campbell- Public Works Department 70 North First Street Campbell, CA 9~1423 Re: RASPUTIN MUSIC 1830 BASCOM AVE Permit f: 96-711 Dear Chuck, As we discussed this morning, the Building Pennit"Application for the modifications and improvements to 1830 Bascom is awaiting review and approval from your department. While the construction documents have ~ reviewed and approved by other City departments, it is my understanding that you will be needing engineered civil documents and specifications further delineating the work at the new tree wells and driveway infill at the public sidewalk. . Because demolition to parts of the existing structure has already taken place and the continuance of construction awaits the building pennit, it is in everyone's best interest to expedite the improvements by separating the Off-Site Building Pennit from the General Building Pennit. In the meantime, the owner bas secured the appropriate consultants and the Civil Engineering and Landscape information that you have requested will be ' forthcoming and it is hoped that they can be filed under separate permits. Please consider this request for a separate off-site work permit and call me should you have any questions and/or,comments. Thank you for your assistance with this matter. Sincerely, ~-W\~ Robert McGillis - Architect ~1I1 MAR t< THIEME ARCHITECT -- Architecture Planning DesiCfi 2802 Tenth Street a.rk.ley,Ca,94710 510.843.-+686 Fax 510.8-+3.8347 Of'C4Jtt ~. ~~ " ~"~:~ ~ .... ''',1~,~;..~ ,:"l!' t"'" U .. :.,,'~.O"';;".. _ ..,~~,......,,-, , . -~~' . .. ... -So "' ~ " 'I)", C H A \\0.""' CITY OF CAMPBELL Public Works Department July 1, 1996 Robert McGillis, Architect Mark Thieme Architect 2802 Tenth Street Berkeley, CA 94710 Re: 1830 S. Bascom Avenue - Rasputin Records Dear Mr. McGillis: The Planning Commission approved your Conditional Use Permit on June 25, 1996 to allow the establishment of a record store in an existing commercial building at the above-referenced location. At your earliest convenience, I would like to arrange a meeting with you (and your client, if you wish) and the City's Public Works land development team. The purpose of the meeting would be to review the conditions of approval imposed by the Public Works Department and the Department's procedures and requirements for satisfaction of those conditions. The land development team may also include representatives from the Planning and Building Divisions. We hope this meeting will facilitate your project and assist in making your project a success. Please contact me at (408)866-2158 to arrange a meeting time and to answer any questions. cc: Michelle Quinney, City Engineer Darryl Jones, Senior Planner Frank Cauthorn, Building Official Gloria Sciara, Project Planner b:\1830basc.ltr(mp) 70 North First Street . Campbell,California95008.1423' TEL 408.866.2150 . FAX408.379.2572' TDD408.866.2790 NEW PW FAX # 408-S76-0c)f>R Of'C"4t !<..:~.. .o~tf\ .... t"'" U r- o 0 .... ... 'So ... ~'o ,,' -lIeH.....O' ;../' i ,.... i " MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Gloria Sciara, Project Planner DATE: June 20, 1996 Michelle Quinney, City Engineer ~ 1\\ \\/ Harold Housley, Land Development Engineer~' FROM: RE: APPUCATION NO: ADDRESS: APPUCANT: UP 96-05 1830 South Bascom Avenue Robert MsGillii '). PROJECT DESCRIPTION: Pennit record business in existing 11,375 SF commercial building. DISCUSSION: The proposed business use is in an existing building on the northeast comer of Bascom and Ridgeley Avenues. The site is fully improved with off-site public works improvements. The existing sidewalks are about 10' wide with about 3 street trees on Ridgeley A venue and two on Bascom. There are many distribution and service utilities between the curb and property line. The primary change in the right-of-way will be to remove the most southerly driveway on Bascom Avenue and replace it with curb, gutter, and sidewalk. It is not understood that the Community Development Director will not require construction of the Streetscape Standards for Bascom Avenue. The Land Development Section's conditions of approval are attached. H:\ 1830BASC. CA(JD)(WP) PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL APPLICATION NO: UP 96-05 ADDRESS: 1830 South Bascom Avenue BY: Harold Housley, Land Development Engineer APPROVED BY: Michelle Quinney, City Engineer DATE: June 20, 1996 THE APPLICANT SHALL: 1. Drainage: Prior to issuance of occupancy approval, the drainage conveyance systems from the on- site drainage inlets to the off-site public improvements on Ridgeley A venue shall be refurbished and repaired as detennined by the City Engineer. 2. Standard Street Improvements: Prior to issuance of any building pennits for the site, the applicant shall prepare plans, pay fees, post securities, and provide insurance as required to obtain an encroachment pennit to construct public street improvements as required by the City Engineer. Public street improvement plans shall be prepared by a registered Civil Engineer licensed in the State of California, and shall include the following: Bascom Avenue: Remove existing southerly driveway and construct curb, gutter, and sidewalk. Remove and replace sidewalk as necessary to install street trees and tree wells, to comply with City Streetscape standards. Construct irrigation system for the new trees. Irrigation shall tie into the on-site landscape irrigation system to ensure consistent maintenance of landscape improvements. b. Ridl!elev Avenue: a. Install "Residential Parking Only" sign(s) on the north side of Ridgeley Avenue, facing westbound traffic easterly of the subject site about 100 feet, as detennined by the City Engineer. Install similar signs on the south side of Ridgeley, ~ast~f Bascom, across the street from the subject site, facing eastbound traffic, as detennined by the City Engineer. -1- CONDITIONS OF APPROVAL 4. Completion of Public Street Improvements: Prior to issuance of occupancy for the site all public street improvements, as required by the encroachment permit, must be completed and accepted by the City Engineer and the applicant must provide the one-year maintenance security. 5. Dedication: Prior to issuance of occupancy for the site, the applicant shall offer an additional 7' of dedication along Bascom A venue for the future boulevard treatment as required by the City's Standard Streetscape Policy. The offer shall be an irrevocable offer of dedication. The legal descriptions and plats shall be prepared by a licensed land surveyor and shall be provided to the City for recordation. 6. Underground Utilities: Any new on-site utilities required shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new building additions. Provide evidence from all utility companies that the proposed modifications can be served. Comply with the plan submittal, permit and fee requirements of the utilities associated with new or modified service connections. 7. Storm Water Management: All construction shall comply with California Storm Water Best Management Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley Water District. H:\1830BASC. CA(JD)(WP) -2- Of'C"'At ;..~.. ~-dlt<> ... !"" U !"'" o 0 .... "- '$0 ... ~. c.:' OJ/CHAY.O' MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Gloria Sciara, Project Planner DATE: June 7, 1996 FROM: Michelle Quinney, City Engineer I II / Harold Housley, Land Development Engineer.)IJy RE: APPLICATION NO: ADDRESS: APPLICANT: PROJECT DESCRIPTION: UP 96-05 1830 South Bascom Avenue Ken Sarachan Use permit to allow 11.375 square foot record store in existing building. COMPLETENESS COMMENTS: The applicant's Proposed Site Plan is not complete. The information that must be shown on the plans is described in Attachment A of the Planning Division's Submittal Requirements for Site and Architectural Review. The aDplicant must include all of the utilities and other improvements in the public right-of-way on the plan. The Land Development Section will prepare formal conditions of avproval after the completed site plan is received. H:\1830BASC.COA(JD) -1- DEVELOPMENT REVIEW COMMENT SHEET I Date Routed: May 29, 1996 DRe Date ( Preliminary written comments or draft conditions of approval due): ________ Compl~teness Comments:June 10, 1996 -- P.c. Date: June 25, 19% ROUTE TO: Q Architectural or Landscape Advisor CI Fire Department Q Police Department Q . . Redevelopment Agency ~ard Q Building Division PROTECT DESCRIPTION Use Permit to allow an 11,375 square foot record store in existing shopping. PROJECT INFORMATION: File No.: UP 96-05 t~~- I~ Applicant: Ken Sarachan . aseom Avenue APN: 288-10-073 Zoning: PD/commercial General Plan: Commercial Proposed Use: Record Store PROJECT PLANNER: Gloria Sciara DEPARTMF.NTAL RECOMMENnATION: If it can be determined that this project will require minimal or no comments by your department/ agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial No Comment Additional information/revisions (see attached) Draft conditions of approval attached //4' /1 /1/ /r....,.-' ?/ ~~i~4 -c'f:: _ :'~ ..;..... a/i~]!'- ./ ~,"/'C:7 City of Campbell . Traffic Engineering . Memorandum DATE: May 28, 1996 FROM: Harold Housely, Land Development Gloria Sciara, Planner I ~ Peter Eakland, Traffic Enginee{ I V' L- TO: SUBJECT: Summary of Traffic Review for Rasputin Record Store a:f~ I > 1~3<~~__ This memo summarizes traffic engineering's review of the proposed Rasputin Record Store at I 830 Bascom. Traffic Traffic Volumes: Traffic forecasts were generated for both the weekday PM peak hour and the weekend PM peak hour. On weekdays, a total of 126 trips would either enter or leave the record store, with 88 being new trips on the adjacent street network, and only 50 being net new trips when prior uses of the area are considered. Of the total trips, it is estimated that only five percent would travel on Ridgeley, which is less than the existing number of through trips on the street. Through trips is not currently a problem on Ridgeley, as they represent only approximately one-third of trips in each direction near both Bascom and Leigh. On weekends, the corresponding peak hour volumes are higher than for weekdays, 228 for total trips, 160 for new trips on the adjacent network, and approximately 90 net new trips. Given the same assumption for through trips on Ridgeley as for weekdays (5% of total trips), impacts will still not be significant. Impacts: No significant traffic impacts are expected given the following: the relatively low number of net new trips on the adjacent roadway system, the current low traffic volumes on Ridgeley (1,146 vehicles per day), and the low volume of through traffic on that street. Recommended Mitigation: It is~cessary to post "No Left Turn" signs for exiting traffic at the two driveways on Ridgeley. First, some vehicles will need to turn left from the driveway closest to Bascom to access the rear lot and street parking. Second, the prohibition would be difficult to enforce and is not related to safety. Third, this measure would only have an effect on exiting traffic and not on entering traffic. Fourth, it focuses on a single business and would not affect cut-through traffic for other businesses in the area. Finally, the demand for through traffic on Ridgely from the record store appears to be limited. Given these considerations, traffic engineering also feels that the construction of a diversion island as was constructed on McBain by Tower Records is unnecessary in this case. The traffoc volumes are considerably less because of differences in services and products offered. Parking Peak Demand: The peak demand for the record store is estimated to be 43 vehicles on weekdays and 60 vehicles on weekends. Including the estimated. demand of 10 vehicles for existing businesses at the site is included, the total demand i~ and 70 vehicles, respectively, on weekdays and weekend~. )) Impacts: The current number of spaces at the site is 67, which would be adequate on weekdays but would result in a deficit of three spaces on weekends. Even with mitigation measures, the high utilization of spaces suggests that impacts could result in the residential area on Ridgeley. Mitigation Measures: Elimination of the southern driveway on Bascom would add three spaces. Also, it is recommended that~paces-besiiiPea on both sides of Ridgeley adjacent to commercial land, which would add anadditional eight spaces. It is recommended that these spaces be considered as part of the parking supply for the site, as no other business is likely to utilize them. Finally, it is recommended that""'slgns)be placed in both directions of travel to indicate that no business parking is permittedlli front 'Of residences. Such signing has been installed at several locations in the City and has proved to be effective. City of Campbell . Traffic Engineering . Memorandum / t7'::::t/1 /dL..~, ., / cJ~)~/ 1?7~._""?~'/ L&z ~#/l~ /d DATE: May 28, 1996 TO: Harold Housely, Engineering/Fi~L Peter Eakland, Traffic Engineert'1tJ L FROM: SUBJECT: Review of Rasputin Traffic Study I have reviewed the focused traffic study prepared by Multitrans. It was prepared in a thorough and professional manner and I feel that the data collected fairly represents traffic and parking characteristics of the proposed Rasputin Record Store project. The record store where data were collected, Streetlight Records, has a similar size, similar products, and is also located along Bascom. The following is a summary of the pertinent results and comments: Traffic Volumes 1. Peak Hour Trips: 126 trips during a weekday PM peak hour (4:45 - 5:45 pm) and 228 trips during a weekend peak hour (3:00 - 4:00 pm, Saturday). The corresponding trip generation rates per 1,000 gross sq. f1. of record store are 11.08 for the weekday PM peak hour and 20.08 for the weekend peak hour. These trips represent those that would actually enter and leave parking places at the project. Approximately 50 percent enter and 50 percent leave because of the relatively short shopping time at the record store. 2. Trips that would potentially impact the surrounding roadway system are somewhat less than the total peak hour trips. Three types of trips can legitimately be deducted from total trips, as follows, when signalized intersections are being analyzed: (1) pass-by trips, which are trips that in the middle of a trip make a stop on their original route and then return to this route; (2) diverted linked trips, which are trips that like the previous item involve one or more intermediate destinations involve route diversions, and (3) internal trips, which involve a walking trip between two or more adjacent destinations. Pass-by trips do not represent any new trips on Bascom, diverted linked trips generally would only represent one trip (no return trip), and internal trips represent no additional vehicle trips at all. The consultant has recommended 20 and 5 percent, respectively, for pass-by and diverted linked trips during both PM weekday and weekend peak hours. My recommendation is that 30 percent, which is the maximum percentage allowed by the CMA for pass-by trips, be used to represent trip reductions for the three categories of trips. The high number of retail trip generation locations on the east side of Bascom between Campbell and 1 Hamilton suggests that persons shopping at Rasputin are likely also to shop at one of the other existing retail stores. In fact, these could almost be considered internal trips, except that the trips between the different retail stores likely would be made with short vehicle trips rather than by walking. Based on my suggested revision, Table 1 in the traffic and parking study would be as follows: Table 1 (revised) Anticipated Site Trip Generation 11,375 sq. ft. Proposed Record Store Pass-by /Diverted/ Trip Rate/ Total Internal Trips Primary Trips Peak Period 1000 SF Trips % Trips % Trips Weekday PM Peak 11.08 126 30 38 70 88 Hour Saturday Peak 20.08 228 30 68 70 160 Hour The trip generation rates represent intermediate values for commercial sites. Businesses such as hardware stores, fast food restaurants, and drug stores have higher values and specialty shops generally have lower values. The net increase in trips is considerably less, as the record store is being located in an existing commercial building that has been previously occupied. For example, if one assumes that the ITE Trip Generation manual rate of 4.80 trips/1,000 sq. ft. for Retail- General Merchandise represents previous uses, then the number of primary trips would be reduced from 88 to 50. The value for net trips is only one-half of the CMA threshold for weekday peak hour trips (100 trips); thus, a full-scale traffic impact study is not required. Given a significant distribution of traffic at adjacent major intersections to through, left, and right movements, the net increase in traffic is not a concern on Bascom. A license plate survey was conducted on Thursday, May 23, 1995 in order to document the existing volume of through traffic. Through traffic was considered to be traffic that passed the full length of Ridgeley between Bascom and Leigh. Such traffic, it should be understood, consists of traffic to and from the area immediately east of Leigh as well as traffic that has been diverted from arterials. The through trip analysis shows that the amount of through traffic is limited during the weekday PM peak hour, 22 total with 12 eastbound and 10 westbound. These numbers are 2 considerably less than trips that begin or end within the neighborhood. In fact, at any location the percentage is never more than 35 percent. Given the considerable commercial development on Bascom, the numbers are surprisingly low. Because the only two driveways on Ridgely before the residential area begins are for the commercial building that will include Rasputin Records, the potential does exist for some of the project traffic to use Ridgeley either going to or from the site. It is unlikely that they would exceed the existing number of through trips because of the high percentage of pass-by trips estimated as well as the focus of the project solely on retail products and not on video rentals or ticket sales. Summary of Through Traffic Analysis Thursday, May 23, 1995 (4:30-6:00 pm) Percent Direction and Location Local Thru Total Thru Eastbound East of Bascom 40 12 52 23.1% West of Leigh 22 12 34 35.3% Total 62 12 86 14.0% Westbound West of Leigh 21 10 31 32.3% East of Bascom 48 10 58 17.2% Total 69 10 89 11.2% Estimates of trip routes by percentage are as follows: Inbound: Northbound Bascom from Bascom: 55% Northbound Bascom from Campbell: 20% Northbound Bascom from Bascom V-turn: 20% Westbound on Ridgeley: 5% Outbound: Northbound Bascom V turn at Hamilton: 20% Northbound Bascom through to Bascom: 35% Northbound Bascom left to Hamilton: 20% Northbound Bascom right to Hamilton: 20 % Eastbound on Ridgeley: 5 % Based on 5 % of total trips, Ridgeley is estimated to receive 7 trips during the weekday peak 3 hour and 12 during the weekend peak hour. Assuming that these trips are nine percent of daily project trips, as suggested by ITE Trip Generation data, then total trips would be 78 and 133, respectively, for a weekday and weekend day. It is useful to compare these numbers to Traffic Index in Residential Areas (TIRE) index thresholds (see attached table). (Note: This index has been used in many locations to provide an index of traffic impact related to attitudes of impact rather than capacity.) Based on a daily traffic volume of approximately 1,146 vehicles per day observed in 1995, the index suggests that the public does not observe a change in the index until approximately an additional 150 vehicles per day occurs. This would not occur until approximately 10 percent of trips used Ridgely on weekdays and 6 percent on weekends. This analysis is based on total trips, and it can be argued that only net trips should be used, which would more than double the percentage. This analysis strongly suggests that the project will not create any traffic impacts and does not create the need for any analysis beyond those contained in the focused traffic report. Thus, no mitigation measures are required at this time. However, it would be desirable to redo the license plate survey after the store has been in operation in order to confirm these conclusions. t is recommended that $350 be provided the city, if requested, for a license plate stu y within one year of building occupancy. "'-- Parking The Streetlight record store was used as a comparable facility to analyze parking as well as traffic volumes. A parking accumulation count was made during the same times of day as for traffic volumes, 4:00-7:00 pm on a weekday and 2:00-5:00 pm on a Saturday. On-site and off-site parked vehicles were observed every 15 minutes and the highest number of parked vehicles was judged to be the peak parking demand. The following demand for the Rasputin record store is forecast to be as follows, based on the data collection at Streetlight, which recorded peak parking demands of 36 and 51, respectively, on a weekday and a weekend day: 43 vehicles on a weekday and 60 vehicles on a weekend. These numbers assume that the peak parking demand is proportional to the size of the two stores. Total peak parking demand for the building in which Rasputin would be located is forecast to be 55 and 70 spaces, respectively, based on Multitrans' estimate of a peak parking demand of 10 spaces for the other businesses at the site. Currently, the proposed site has a total of 67 spaces. If the southern driveway on Bascom is eliminated, an additional three spaces would be added, but these might be offset by losses at driveways on Ridgeley to increase the setback for the first space. In addition, there is on-street parking on both sides of Ridgeley adjacent to commercial buildings, three spaces on the north side and five spaces on the south side. As there does not appear to be conflicting demand for these spaces, it is recommended that they be considered as part of the parking supply for the site, which would increase the number of spaces to 75, which would be 93 percent of demand. Based on the parking analysis, the potential for customers to park in residential areas is likely, particularly on weekends when the parking demand is closer to capacity. 4 Summary and Recommended Mitigation Measures Traffic: The amount of cut-through traffic is expected to be limited, based on the current amount of through traffic. It should not be necessary to post "No Left Turn" signs for exiting traffic at the two driveways on Ridgeley. First, some vehicles will need to turn left from the driveway closest to Bascom to access the rear lot and street parking. Second, the prohibition would be difficult to enforce and is not related to safety. Third, this measure would only have an effect on exiting traffic and not on entering traffic. Fourth, it focuses on a single business and would not affect cut-through traffic for other businesses in the area. Given these considerations, tra€~neering feels that the construction of a diversion island as was constructed on McBain s essary in this case. Parking: The potential for parking impacts appears to be greater than for cut-through traffic. As a mitigation measure, it is recommended that signs be placed in both directions of travel indicating that there no business parking is permitted. Such signing has been installed at several locations in the City and has proved to be effective. Also, striping should be provided for on-street spaces to ensure maximum utilization. A shopping center lot approximately 200 feet to the north likely would serve as an unofficial overflow area should parking demand exceed supply. 5 TIRE Index Table Source: Goodrich Traffic Group. Daily Volume A vg. Volume to Cause Change in Range Range TIRE TIRE Index Recommended Start End Index Description Activity +.1 +.2 29 35 1.5 4 13 Low Residential 36 44 1.6 5 17 Low Residential 45 56 1.7 7 21 Low Residential 57 70 1.8 8 27 Low Residential 71 89 1.9 10 31 Low Residential 90 110 2.0 11 41 Moderate Residential 111 140 2.1 16 56 Moderate Residential 141 180 2.2 21 61 Moderate Residential 181 220 2.3 21 81 Moderate Residential 221 280 2.4 31 101 Moderate Residential 281 350 2.5 36 136 Moderate Residential 351 450 2.6 51 161 Moderate Residential 451 560 2.7 56 206 Moderate Residential 561 710 2.8 76 256 Moderate Residential 711 890 2.9 91 301 Moderate Residential 891 1,100 3.0 106 406 High Residential 1,101 1,400 3.1 151 551 High Residential 1,401 1,800 3.2 201 601 High Residential 1,801 2,200 3.3 201 801 High Residential 2,201 2,800 3.4 301 1,001 High Residential 2,801 3,500 3.5 351 1,351 High Residential 3,501 4,500 3.6 501 1,601 High Traffic 4,501 5,600 3.7 551 2,051 High Traffic 6 5,601 7,100 3.8 751 2,551 High Traffic 7,101 8,900 3.9 901 3,001 High Traffic 8,901 11,000 4.0 1,051 4,051 Very High Traffic 11,001 14,000 4.1 1,501 5,501 Very High Traffic 14,001 18,000 4.2 2,001 6,001 Very High Traffic 18,001 22,000 4.3 2,001 8,001 Very High Traffic 22,001 28,000 4.4 3,001 10,001 Very High Traffic 28,001 35,000 4.5 3,501 13,501 Very High Traffic 35,001 45,000 4.6 5,001 16,001 Very High Traffic 45,001 56,000 4.7 5,501 20,501 Very High Traffic 56,001 71,000 4.8 7,501 25,501 Very High Traffic 71,001 89,000 4.9 9,001 -- Very High Traffic 89,001 -- 5.0 -- -- Very High Traffic 7 ftk fA 18~o ~.~ City of Campbell . Traffic Engineering . Memorandum DATE: April 26, 1996 TO: Gloria Sciarra, Assistant Planner cc: Michelle ; Quinney , City Engineer Peter Eakland, Traffic Engineer FROM: SUBJECT: Traffic Impact Study Requirements for Rasputin Records Public Works requests that a focused traffic impact analysis be prepared for the proposed project. The emphasis will be on establishing the potential for neighborhood impacts on parking and traffic. This request is based on the neighborhood controversy that followed the Tower Records development, and we feel that is necessary to address any potential impacts as part of the application process. The analysis should be prepared by an experienced traffic engineering firm. Vehic1e trip and parking data shall be based on results of data collection involving similar land uses and locations. Applicant can arrange for the itself or have the City be responsible for hiring a consultant and billing the applicant for the costs. For planning purposes, the cost of the study should be approximately $2,500, as the data collection and analysis are focused on certain issues. The following contains a description of tasks to be included in the traffic analysis and methodology recommends: Existing Conditions 1. Traffic Counts: Compile traffic data for current users of building during weekday PM peak hour (4:30-6:30 PM) and mid-day Saturday (2:00-4:00 PM) by movement at all four driveways. e.g. outbound right turn, inbound right turn. 2. Parking: Compile base data for existing uses that can be used to generate peak parking demand for the building after the record store is in operation. Note: the City will provide traffic counts for intersections on Bascom as well as for Ridgeley Drive. Data Collection for Project 1. Trip Generation 1 Description: Prepare an estimate of trip generation (inbound and outbound) for the weekday PM peak hour and Saturday mid-day. Trips should be total trips and should not include any discounts for passer-by or internal trips. Methodology: Study should use ITE trip generation rates for general commercial, as record stores have higher rates. Instead, results of record stores in similar locations should be presented. It would be acceptable to pro-rate trips on a square foot basis from data collection at other locations. Our preference would be that trip estimates would be based on driveway counts are made at the Tower Records store located several blocks to the south. We recognize that trips per square foot will be somewhat less than for Tower Records; therefore, applicant should estimate a percentage and assume similar arrival and departure patterns. 2. Trip Distribution and Assignment Description: Trips should be assigned to direction of travel and to streets and appropriate movements. The assignments shall reflect any need for V-turns. The analysis shall extend to Hamilton/Bascom on the north and Hamilton/Campbell on the south and on the east shall include Ridgeley as far east as Leigh, and Leigh from Hamilton to Campbell. Methodology: Our preference would be to prepare data based on driveway counts at Tower Records. If this is done, impacts of the median island on McBain should be considered. 3. Parking Demand Description: Peak parking demand estimates should be prepared for both weekday and weekend operation, including the approximate time of peak parking demand. The results shall be reported both with diagrams and tables and shall show numbers of trips as well as percentages in and out. Methodology: Estimates should be based on results at similar record stores. We will not accept standard per square foot data for commercial property or even city standards. As with the traffic data, we would prefer that estimates be based on peak parking demand at Tower Records. As with trip generation, we would accept a well- reasoned percentage of that demand. Data Analysis without Mitigations 1. Trip Generation/Distribution/ Assignment: We do not anticipate that any level of service analysis will be required at intersections, as no left turns into or out of the Winchester/Ridgeley intersection are permitted. The only analysis will be to show number of trips, percent increase from base, and percent of total trips for the following locations: Ridgeley east of commercial area (eastbound, westbound, and total), Bascom north of Ridgeley (northbound), Bascom south of Ridgeley (northbound). Present a qualitative assessment of traffic impact based on these numbers . 2 2. Parking Demand: Compare parking demand to available parking. Assume that parking demand for current building users will remain the same as at present. Applicant may consider on-street parking on Ridgeley between Bascom and the rear driveway. Present a qualitative assessment of the impact on parking in the residential area east of the rear driveway. Mitigation Measures Present alternative mitigation measures that would resolve issues identified in the Data Analysis Task. They might include but may not be limited to signing, hours of operation, islands, and joint parking arrangements. 3 '?~ ~d:?Je(f 5~~ #.p9v ~ DEVELOPMENT REVIEW COMMENT SHEET PRE-APPLICATION Date Routed: Apri~ 1996 DRC Date ( comments due): ~ April~ 1996 ROUTE TO: . Traffic Engineering Redevelopment Fire Department Engineering Building Division Architectural Advisor Service Center . . . . PROTECT DESCRIPTION Request to establish a record store in an existing commercial building and to remodel entrance PROJECT INFORMATION: Application No. Pre-application CPA 96-15) Applicant: Mr.Mark Thieme, AlA Property Owner: Mr. Ken Sarachan Location: 1830 S. Bascom Ave. APN: 288-10-73 General Plan: Commercial Zoning: PD{Planned. Development) PROJECT PLANNER: Gloria Sciara DEPARTMENTAL RECOMMENDATION: If this project will require minimal or no comments by your department, please return this sheet with your initials to the Project Planner as soon as possible. Status Initial No Comment Additional information/revisions (see attached) Draft conditions of approval attached 28 Mar 96 Mr. Tim Haley Community Development Department City of Campbell 70 North First Street Campbell, CA 95008-1423 Re: APPUCANTS STATEMENT Rasputin Records New Location at 1830 Bascom A venue Campbell. California RECEIVED t.?R 0 1 1996 ClTY OF CAMPBELL PLANNING DEPT. Dear Mr. Haley: Ken Sarachan, the owner of the building at 1830 Bascom A venue and Rasputin Records is requesting a Use Permit to locate his record store in approximately 11,375 sq. ft. of tenant space at the Bascom location. The store, similar to other locations in the Bay Area, would buy and sell new and used CD's tapes and records. Mr. Sarachan currently has stores in Pleasant Hill across the street from Sun Valley Mall as well as in San Lorenzo and Berkeley. These other stores have been located in these cities for many years and have become an established part of their communities. Rasputin Records would be a very comfortable fit at the Bascom location and would be in the spirit of the intended use for this area of Campbell. During their twenty-five years in business Rasputin Records has catered to all groups of people, selling a wide variety of music. The stores operating hours would be approximately 10:00 am to 11:00 pm with the busiest day being Saturday. The site currently has sixty-three parking spaces surrounded by well maintained landscaping. The proposed modifications to the building are shown on the enclosed plans. We are proposing the addition and modification to the entry of the Rasputin Records tenant space. New pilasters, storefront and signage will enhance the facade bringing life to the rather low and nearly empty building. We feel that this use will not be detrimental to the area in any way since Rasputin Records is, and has been~ an established business in other suburban communities for many years. The approval of this use at this location will allow Rasputin Records to become an integral part of the Bascom A venue neighborhood. Please review this pre-application package for consideration as a formal Use Permit Application for approval. Sincerely, Mark L. Thieme, AlA (tIGtpN1..,,1 MAR K THIEME ARCHITECT - Architecture Planning Design 2802 Tenth Street Berkeley.Ca.94710 5 I 0.843.4686 Fax 510843.8347 .......~ :a~ ....~ ~-z ZU . :a..c Jl ~ JaIl .tJ I L__ VIN~o"/nv:) 'T13AdY'i'v'O III II 3nN3^V Y'iOOSYO o~e~ ~llj ~".LN:30 A:,"30al~ - Y'iOos'w'S I ! li~ Ce3~ I ~ .~~~ . . . . 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